Merritt v Merritt (1970) 1 WLR 1211
A husband and wife separated. They then met to make arrangements for the future.
After this the husband agreed to pay £40 per month maintenance, out of which the wife would pay the mortgage.
When the mortgage was paid off it was agreed he would transfer the house from joint names to the wife's name. He wrote this down and signed the paper, but later refused to transfer the house.
It was held that when the agreement was made, the husband and wife were no longer living together, therefore they must have intended the agreement to be binding, as they would base their future actions on it. This intention was evidenced by the writing and therefore the husband had to transfer the house to the wife.
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